Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Chief Judge WILKINSON and Judges WIDENER, NIEMEYER, LUTTIG, WILLIAMS and TRAXLER joined. Judge MURNAGHAN wrote a dissenting opinion, in which Judges MICHAEL, MOTZ and KING joined. Judge MOTZ also wrote a separate dissenting opinion. Judge WILKINS did not participate in this case. OPINION HAMILTON, Circuit Judge:…
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